“Really? The police no longer need a warrant to enter my home? Or a subpoena issued by a judge to open my iPhone? There is no danger to the 4th Amendment.”
@TatinG
This is a classic strawman argument, in that you are arguing something no one was arguing. First of all, if a cop has probably cause to think a crime is being committed or a safety issue is present, they can enter your home under probable cause. If you had pot plants in your front window under a grow light, they could enter without a warrant, because it was visible. And yes, the FBI did get a warrant (in this case)…but if they have a method to break into any phone, which many accounts say the FBI was looking for, what about the next time?
And yes, to live in society, you give up certain rights of privacy,but there is a little thing in our society that when rights are turned over, they are for a reason. For example, we have driver’s licenses to make sure in some way people know how to drive and that we can take away that privilege if someone drives badly. We have license tags on our car so we can make sure the car is being maintained properly and that we can track it if it is doing something wrong. We turn over personal information to the government because we have a tax system that requires identification (on the other hand, the SS# was used in ways it was not supposed to be use, it has become the default id for most Americans, which was not supposed to happen).
However, that doesn’t change the points people were making about the Patriot act. In terms of the Apple case, people were looking beyond this particular case. So what if the FBI got apple to crack the password stuff on this Iphone, what if that was a general way to crack any Iphone, and then the FBI used that technology without a warrant. The terms of the Patriot Act as agreed to by our representatives was that the information gathered, because they didn’t have a warrant, was only to be used for cases of imminent terrorist threat (in a sense, the Patriot act allowed warrantless intercepts on the same grounds as probable cause , of imminent danger, of getting as much warning of a terrorist attack as possible.It was not to be used for law enforcement searching for non terrorist based crimes, and that is where the 4th amendment comes in. Under the warrant laws, unless a cop has probably cause, he/she cannot go into your home on a fishing expedition, they cannot get a broad based warrant that says “we want to search the home for evidence of crimes unspecified”, they have to specify what they are looking for, why, and it has to be a search where the thing possibly could be. If the warrant said car theft, they couldn’t look in the kitchen, and if they did that, even if they found a pound of cocaine in a kitchen drawer, it would be invalid, since they weren’t searching for drugs.
Using Patriot act wiretaps is like listening in on your telephone conversations without a warrant, like tapping your land line or internet connection, it is a fishing expedition with no check and balance. Libertarian conservatives and people like Leahy of Vermont absolutely refused to have any language in the bill allowing criminal activity found by this to be used in court and rightfully so, despite the urging of Dick Cheney and other “law and order” types.
Comparing the Patriot Act to the Nazis is ridiculous, and no one should be doing that, but comparing it for potential abuses is perfectly valid, we have had enough examples of how this kind of stuff can be used and abused. Hoover did it to stay in power for far too many years, the CIA used it against civil rights groups in this country, the justice department and the executive branch used wiretap capability for political reasons. The Patriot Act was drafted to protect against terrorism, it was limited focus and was agreed to based on that, but as Snowden and recent revelations show, law enforcement has been asking for that data to search through, and they know damn well it is illegal, because they also have all these ‘parallel construction’ techniques to try and show how they knew about a criminal act because they can’t say it came from data without a warrant. Like others have been saying, fascists and tyrants have used the fear of people to enhance their power since we had governments or authority in a group, and using ‘public safety’ to enhance their power is the oldest trick in the book. The US has come close at times to this kind of things, the Alien and Sedition acts come to mind, the suspension of Habeus Corpus during the Civil War (which the court ruled was legal, since Congress gave Lincoln that right, but still), it happened during the 1920’s with the Palmer raids and various ‘undesirable alien’ acts, it happened during the McCarthy Era, where the “Red Scare” was used to suppress all kinds of things, it happened in the 1960’s where race riots and the unrest over the war was used to justify all kinds of spying and illegal surveillance.